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HomeMy WebLinkAbout05-3561 HAROLD S IRWIN III ESQ SUPHIIE COURT ID NO. 28920 64 SOUTH PITT STRI!ET CARLISLI! PA 17013 ATTORNEY FOR PLAINTIFF WILLIAM P. McDEVITT, executor Of the Estate of .lAMES L. McDEVITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2005 - :5,1Jfe I CIVIL TERM RALPH RICHARDSON and SUZANNE RICHARDSON, his wife, Defendants : IN ASSUMPSIT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WILLIAM P. McDI!VITT, executor Of the Estate of .JAMI!S L. McDI!VITT, Plaintiff : IN THI! COURT OF COMMON PLUS OF : CUMBI!RLAND COUNTY, PI!NNSYLVANIA vs. : CIVIL ACTION. LAW RALPH RICHARDSON and SUZANNI! RICHARDSON, his wife, Defendants . ; NO. 2005. j O(P1 CIVIL TERM = IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquires and file this complaint, representing as follows: 1. The plaintiff is WILLIAM P. McDEVITT, executor of the estate of James L. McDevitt, deceased, an adult individual residing at 1420 West Market Street, Akron, Ohio 44313. 2. The defendants are RALPH RICHARDSON and SUZANNE Richardson, his wife, adult individuals residing at 216 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. James L. McDevitt (hereinafter referred to as "Decedent") died on January 16, 2005, whereupon the plaintiff was duly appointed his executor by the Register of Wills of Cumberland County, Pennsylvania. Plaintiff continues to act as the executor of the estate of James L. McDevitt. 4. At the time of his death, the decedent was the owner of certain real estate located at 216 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 5. Prior to his death, decedent permitted the defendants to reside in the real estate with him under such terms as decedent and defendants orally agreed. No written lease was ever entered into between decedent and defendants. 6. Plaintiff believes and therefore avers that prior to his death, decedent paid the mortgage payments for the premises, all utilities, taxes and insurance costs, as well as the expenses of any necessary maintenance during the time that the defendants lived with decedent. 7. Subsequent to decedent's death, plaintiff offered to sell the real estate to the defendants for its appraised value, but the defendants have refused to enter into such an arrangement to date. 8. Since decedent's death, plaintiff has continued to pay not only the mortgage payments, but even the utilities for the defendants, who have refused to vacate the premises and have paid nothing to the estate for rental or other expenses for their possession of the premises. 9. On or about June 1, 2005, plaintiff served defendants with a notice to quit, directing defendants to vacate the premises no later than June 30, 2005. 10. Defendants continue to maintain possession of the premises and to date have not entered into any other arrangement for the rental or purchase thereof. WHEREFORE, plaintiff demands judgment against the defendants for possession of the premises, plus costs, expenses and attorney fees associated with this eviction. HAROLD S. IRWIN, III Attorney for plaintiffs July 6, 2005 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 VERIFICATION I verify that facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to authorities. July ~, 2005 ~~P9k~ WILLIAM P. McDEVITT, Executor of the Estate of James L. McDevitt ~f\ -. '" '6'- W ~ 't- ,t ~ ~ ~ ~ M ~_ ~ ~ (p. L..; ~ b () ~;; i'3 " N c..} "-, ~ = <J"> '- (-- r'::':: o '1 .... ::r f1i:IJ r- ::-DiT: _vei '~~(.L :-r~::i": _)...,.:1 :-C(') :~~)rn ':':;:.-( :15 ..< ~ .;;- :n W. -. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCDEVITT WILLIAM P ET AL VS RICHARDSON RALPH ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICHARDSON RALPH the DEFENDANT , at 1625:00 HOURS, on the 15th day of July at 216 EAST GARFIELD STREET 2005 SHIPPENSBURG, PA 17257 by handing to RALPH RICHARDSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 13.60 .37 10.00 .00 41.97 r~~ R. Thomas Kline 07/18/2005 HAROLD IRWIN f Sworn and Subscribed to before By: me this "l L 'e day of GC ~'" AD. ~)j; c.. /h,dd,_-; ~ r thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03561 P COMMONWgALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCDEVITT WILLIAM P ET AL VS RICHARDSON RALPH ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICHARDSON SUZANNE the DEFENDANT , at 1625:00 HOURS, on the 15th day of July at 216 EAST GARFIELD STREET 2005 SHIPPENSBURG, PA 17257 by handing to RALPH RICHARDSON, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: "",?"'(:Z'~"_'.d ~ "f ~":,:.r..;,:~,,,ir ,-~ ..-.._-_.~.~~: .,> R. Thomas Kline Sworn and Subscribed to before 07/18/2005 HAROLD 'R"N~~ By: ( ~ Deputy Sl'l riff me this ~ ""'- day of WILLIAM P. McDEVITT, Executor of the Estate of JAMES L. McDEVITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTON - LAW RALPH RICHARDSON and SUZANNE RICHARDSON, his wife, Defendants NO. 2005 - 3561 CIVIL TERM IN ASSUMPSIT NOTICE TO PLEAD TO: William P. McDevitt, Executor ofthe Estate of James L. McDevitt You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. WEIGLE & ASSOCIATES, P.c. Date: -- g-(JS-/ oS By: -a~ ~,~ Richard L. Webber, Jr., Esquire Attorney for Defendants J.D. No. 49634 126 East King Street Shippensburg, P A 17257 (717) 532-7388 WEIGLE & ASSOClATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN5BURG, PA 17257-1397 " WILLIAM P. McDEVITT, Executor of the Estate of JAMES L. McDEVITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTON - LAW RALPH RICHARDSON and SUZANNE RICHARDSON, his wife, Defendants NO. 2005 - 3561 CIVIL TERM IN ASSUMPSIT ANSWER TO COMPLAINT. NEW MATTER. AND COUNTERCLAIM AND NOW comes Ralph Richardson and Suzanne Richardson, the Defendants in this action, by and through their counsel, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and responds to Plaintiffs Complaint as follows: ANSWER I. Admitted. 2. Admitted, except that the correct spelling of Mrs. Richardson's name is "Susanne". 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendants paid for most if not all maintenance expenses as well as a portion of utility bills. 7. Admitted. 8. It is admitted that Defendants have not paid rent and that they have refused to vacate the premises. Any implication that Defendants are required to vacate is denied, for reasons stated in New Matter below. The allegation that Defendants have refused to pay utilities and other expenses is denied. 9. Admitted. 10. Admitted. WHEREFORE, Defendants respectfully requestjudgrnent in their favor and against Plaintiff. WEIGLE & ASSOCIATES, P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 NEW MATTER II. Paragraphs 1 through 10 above are incorporated by reference herein as though set forth in full. 12. On or about December 2003, James L. McDevitt entered into a verbal agreement with Defendants. 13. Under the terms ofthe verbal agreement: a. Defendants would vacate their own residence; b. Defendant would assist Mr. McDevitt in remodeling Mr. McDevitt's residence; and c. Mr. McDevitt would convey title to his residence to Defendants. 14. After reaching the verbal agreement and in reliance on Mr. McDevitt's promises as set forth in Paragraph 13 above, Defendants moved into Mr. McDevitt's residence in February 2004. 15. Defendants made substantial improvements to Mr. McDevitt's residence in reliance on Mr. McDevitt's promises. 16. Defendants incurred expenses related to improvements to Mr. McDevitt's residence, in reliance on Plaintiff's promises, including but not limited to the back door, fencing, new kitchen faucets, replacing glass, paint brushes, nails, screws, and wiring. 17. Defendants performed labor to improve Mr. McDevitt's residence, including but not limited to replacing a back door, installing fencing, a new kitchen faucet, and two (2) pieces of glass, and extensive repair of fire damage, all in reliance on Plaintiffs promises. 18. Defendants paid various expenses for Mr. McDevitt and Plaintiff's benefit, all in reliance on Mr. McDevitt's promises. 19. Defendants provided labor with respect to restoration and repair of Mr. McDevitt's automobile. 20. Defendants provided cleaning, laundry, cooking and yard services, snow removal, and dog care. 21. Defendants continue to provide services to the benefit of Plaintiff. WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COUNTERCLAIM AND NOW come the Defendants, Ralph Richardson and Susanne Richardson, and file the Counterclaim against the Plaintiff, William P. McDevitt, Executor of the Estate of James L. McDevitt, averring the following: COUNT I - BREACH OF CONTRACT 22. Paragraphs I through 21 above are incorporated by reference herein as though set forth in full. 23. Mr. McDevitt and Plaintiff have breached the verbal agreement referenced in Paragraph 13 above by failing to convey the real estate to Defendants. 24. Defendants incurred expenses totaling $3000.00 relating to improvements to Plaintiffs residence. 25. The value of Defendants' services as well as labor III repamng and improving Mr. McDevitt's residence and automobile was $20,820.00. 26. Defendants contributed $300.00 towards Mr. McDevitt's expenses as well as expenses of his estate, and will continue to incur additional expenses. WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff in the amount of $24, 120.00 plus additional expenses, costs and other appropriate relief. COUNT II - UNJUST ENRICHMENT 27. Paragraphs I through 26 above are incorporated by reference herein as though set forth in full. 28. Defendants relied to their detriment on the promises by Mr. McDevitt and therefore invested substantial expenditures of time and money. 29. Plaintiff has been unjustly enriched by Defendants' services, expenditures and improvements. 30. The fair market value of materials, labor services and expenses incurred for the benefit of Plaintiff was $24,120.00. WEIGLE & ASSOCIATES, pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff in the amount of $24, 120.00 plus additional expenses, costs and other appropriate relief. COUNT III - OUANTUM MERUIT 31. Paragraphs I through 30 above are incorporated by reference herein as though set forth in full. 32. The fair market value of the materials, labor and expenses incurred by Defendants was $24,120.00. WHEREFORE, Defendants respectfully request judgment in their favor and against Plaintiff in the amount of $24,1 20.00 plus additional expenses, costs and other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. By: /!. ,--.-/ Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 4904, relating to unsworn falsification to authorities. Dated: 8'1 ).)/oc ~-R~1"1Y1. SllIanne Richardson, Defendant WEIGLE & ASSOCIATES. Re. - ATTORNEYS AT LAW ~ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 " -..{. ~ c:;::.) .-;:..r' E G') r"<~ '(.11 :) ..-r:~ ~ :?-n {nr=.: p" ~O ';') J.. (;::-.~ ~;:'f)i \,::}~B c" rfl ~?{ "V'" ~Q. -...." -';" ::: ,,,, -J - . HAROLD S IRWIN'" ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF WILLIAM P. McDEVITT, executor Of the Estate of .JAMES L. McDEVITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW RALPH RICHARDSON and SUZANNE RICHARDSON, his wife, Defendants : NO. 2005 - 3561 CIVIL TERM : IN ASSUMPSIT NOTICE TO PLEAD To: RICHARD L WEBBER JR ESQ WEIGLE & ASSOC 126 EKING ST SHIPPENSBURG PA 17257 You are hereby notified to file a written response to the within New Matter within twenty (20) days of service or judgment may be entered against you. September 7,2005 HAROLD S. IRWI Attorney for Defe 64 South Pitt Street Carlisle, PA 17013 717 -243.6090 HAROLD S IRWIN'" ESQ SUPRIlMIl COURT ID NO. 29920 64 SOUTH PITT STRIlIlT CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF WILLIAM P. McDEVITT, executor Of the Estate of .JAMES L. McDEVITT, . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . va. : CIVIL ACTION. LAW RALPH RICHARDSON and SUZANNE RICHARDSON, hla wife, Defendants . ; NO. 2005 - 35 ~ I CIVIL TERM . . : IN ASSUMPSIT PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER and COUNTERCLAIM WITH NEW MATTER NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this response to defendants' new matter and counterclaim, representing as follows: NEW MATTER 11. The averments of plaintiff's complaint, paragraphs one through ten, inclusive, are incorporated by reference as if fully set forth at length. 12. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 13. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 14. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 15. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 16. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 17. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 18. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 19. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act. 20. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act. 21. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. WHEREFORE, plaintiff demands judgment against the defendants as prayed for in his complaint. COUNTERCLAIM COUNT I - BREACH OF CONTRACT 22. The averments of plaintiff's complaint, paragraphs one through ten, and of his responses to defendants' new matter, paragraphs twelve through twenty-one, inclusive, are incorporated by reference as if fully set forth at length. 23. The averments of this paragraph of defendants' counterclaim are conclusions of law to which no response is required. However, if a response is required, those averments are specifically denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 24. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. 25. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. 26. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. In addition, if defendants are continuing to incur any expenses it is only because they refuse to vacate the premises. WHEREFORE, plaintiff demands that defendants' counterclaim be dismissed and that judgment be entered against the defendants as prayed for in his complaint. COUNTERCLAIM COUNT II - UNJUST ENRICHMENT 27. The averments of plaintiff's complaint, paragraphs one through ten, of his responses to defendants' new maUer, paragraphs twelve through twenty-one, and of his responses to defendants' counterclaim, paragraphs twenty-three through twenty-six, inclusive, are incorporated by reference as if fully set forth at length. 28. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. In addition, if defendants are continuing to incur any expenses it is only because they refuse to vacate the premises. Lastly, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 29. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. In addition, if defendants are continuing to incur any expenses it is only because they refuse to vacate the premises. Lastly, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. 30. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. In addition, if defendants are continuing to incur any expenses it is only because they refuse to vacate the premises. Lastly, defendants' claims are barred by the Dead Man's Act and because verbal agreement regarding the transfer of real estate are unenforceable. WHEREFORE, plaintiff demands that defendants' counterclaim be dismissed and that judgment be entered against the defendants as prayed for in his complaint. COUNTERCLAIM COUNT III - QUANTUM MERUIT 31. The averments of plaintiff's complaint, paragraphs one through ten, of his responses to defendants' new matter, paragraphs twelve through twenty-one, of his responses to defendants' counterclaim, paragraphs twenty-three through twenty-six and paragraphs twenty-eight through thirty, inclusive, are incorporated by reference as if fully set forth at length. 32. The averments of this paragraph of defendants' counterclaim are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. By way of further response, if defendants' did incur expenses, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. In addition, if defendants are continuing to incur any expenses it is only because they refuse to vacate the premises. Lastly, defendants' claims are barred by the Dead Man's Act and because verbal agreements regarding the transfer of real estate are unenforceable. WHEREFORE, plaintiff demands that defendants' counterclaim be dismissed and that judgment be entered against the defendants as prayed for in his complaint. PLAINTIFF'S NEW MATTER TO DEFENDANTS' COUNTERCLAIM 33. The averments of plaintiff's complaint, paragraphs one through ten, of his responses to defendants' new matter, paragraphs twelve through twenty-one, of his responses to defendants' counterclaim, paragraphs twenty-three through twenty-six, paragraphs twenty-eight through thirty and thirty-two, inclusive, are incorporated by reference as if fully set forth at length. 34. Defendant's claims are barred by the Dead Man's Act. 35. Defendant's clams are barred by the Parole Evidence Rule. 35. Defendant's claims are barred because verbal agreements regarding the transfer of real estate are unenforceable. 36. If defendants' did incur expenses in or upon the premises, said expenses were either gratuitous or in lieu of paying rent for their possession of the premises. 37. In addition, if defendants are continuing to incur any expenses in or upon the premises, it is only because they refuse to vacate the premises. 38. Plaintiff continues to expend substantial sums of money to pay the monthly mortgage payments and annual real estate taxes on the premises in question and has paid over $2,000 in utility bills while defendants continue to occupy the premises, refuse to vacate, pay rent or otherwise contribute to the costs of their residence therein. WHEREFORE, plaintiff demands judgment as prayed for in his complaint, plus reimbursement for the reasonable rental value of the premises since the death of decedent on January 16, 2005, reimbursement for all utility costs paid by the plaintiff and I or the estate and attorney fees and court costs for this action. August 31,2005 HAROLD S. IRWIN, III Attorney for plaintiffs 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 VERIFICATION I verify that facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. August L , 2005 ?P~ f? 9::4l.;;t'- WILLIAM P. McDEVITT, Executor of the Estate of James L. McDevitt CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants Answer upon the plaintiff by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: RICHARD L WEBBER JR ESQ WEIGLE & ASSOC 126 EKING ST SHIPPENSBURG PA 17257 September 7, 2005 HAROLD S. IRWIN, I Attorney for Defenda 64 South Pitt Street Carlisle, PA 17013 717.243.6090 C> r-' 0 c";:> fL.. , ~-n ,-oJ' (,""' :;1 ,-- .,.4'i -\) ~.\ to"~ \ -' ~~ -" (;-? -- ~i'3. -' .4 1\ WILLIAM P. McDEVITT, Executor of the Estate of JAMES L. McDEVITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTON - LAW RALPH RICHARDSON and SUZANNE RICHARDSON, his wife, Defendants NO. 2005 - 3561 CIVIL TERM IN ASSUMPSIT DEFENDANTS' ANSWER TO PLAINTIFF'S NEW MATTER AND NOW comes Ralph Richardson and Susanne Richardson aka Suzanne Richardson, Defendants in this action, by and through their counsel, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and responds to Plaintiff William P. McDevitt's New Matter as follows: 33. No response is required. 34. The averment in this paragraph of Plaintiff's New Matter is a legal conclusion. No response is required. 35. The averment in this paragraph of Plaintiff's New Matter is a legal conclusion. No response is required. 35(A). The averment in this paragraph of Plaintiff's New Matter is a legal conclusion. No response is required. 36. Denied. Defendants expected Mr. McDevitt to convey the real estate to them based on his promises. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 II 37. Denied. Defendants expect to receive title to the real estate from Plaintiff based o~ Mr. McDevitt's promises. 38. After reasonable investigation, Defendants lack sufficient information to form a belief as to this averment. It is, therefore, denied, and proof is demanded at trial. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed and that judgment be entered in their favor and against Plaintiff. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. By: ?V1_---1d ~ Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 II VERIFICATION I verify that the statements made in the foregoing Defendants' Answer to Plaintiffs New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 9/ J:J / u') ~:;-~SZ7 Ra ph Richardson, Defendant _j,./la~ ~ . Susanne Richardson, Defendant WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 C) (~ ,-,~. -' "'> ,= ~ (/) f"!l -G N W ~ ~:D 111p_ -ern --() 0 (=-)(~- :::1-1', '.'-n ()-') ~/ ('\ :-jJi :::~- -i -'.--::. '0 '< -n -",," r- J;;-> HAROLD S. IRWIN, III, I!SQ ATTORNEY ID NO. 28820 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR PLAINTIFF WILLIAM P. McDEVITT, executor ofthe Estate of .JAMES L. McDEVITT, PlaIntiff va. RALPH RICHARDSON and SUZANNE RICHARDSON, hla wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW : NO. 2005 - 3561 CIVIL TERM : IN ASSUMPSIT PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark the above case, including the counterclaim, settled and discontinued, with prejudice. November 17, 2005 (1-Cc-/ N8~b8a: &'t~ 200b 64 South Pitt Street Carlisle, PA 17013 717 -243-6090 Supreme Court ID NO. 29920 ---rV1~ ~ RICHARD L. WEBBER, JR., ESQUIRE Attorney for Defendants 126 East King Street Shippensburg, PA 17257 717.532.7388 Supreme Court ID NO. Lj'765 Y g ;;:. l:P ~I.f\ rn '7c. ::.(.,0 ~c ~8 5c: ~ g G? ~ fft ~\\ :::: "" ;; ~ \D